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Ginger, You're Only Hurting Yourself!
Anonymous:
Ginger,
You are making statements, even now that you have been sued, suggesting you will conspire with Carey to make this as expensive a trip as possible for Sue, and your other comment that people are concerned about controlling free speech. These two statements will probably cause Sue's attorney to amend his complaint.
In the first place, I have a copy of the suit. The Florida precedent cited is right on point. There is nothing canned about Sue's lawyer's Memorandum of Law. If this were to be played out, you'll be lucky to avoid losing your house, probably through protection of the Bankruptcy Court.
Second, Sue has sued you in Florida. Good Florida litigators are very, very expensive. If you defend yourself, you will be looking at a legal bill upwards of $50,000 (even in the unlikely event you would prevail). And while Florida Courts have traditionally permitted telephonic appearance for some hearings, you'll be traveling to Florida quite a bit in the upcoming months.
Third, I noticed that Sue is relying on some Federal Law in connection with her suit. If her attorney or yours removes this to Federal Court, you'll need to hit the lottery to pay for your legal representation. Also, Carey's lawyer will in all likelihood file a cross-claim against you for indemnity. That's because your interests and hers seriously diverge.
Now, after that little commentary on the law, let me explain how your comments may serve to harm you and why you should think about shutting your mouth:
1. Threatening or even suggesting to protract litigation to intimidate a Plaintiff to dismiss their or its case is unlawful. Sorry to say, that what you have allowed to be posted to the Fornits website is actionable in every State, not just Florida, and when a Judge reads that you propose to deliberately make this a long, hard road for Sue by having an attorney file dilatory pleadings, you'll may find yourself looking at interim sanctions and you could pay Sue's legal bills as well. Given who her attorney is, I don't think you want to talk yourself into that.
2. You have been wrong about your comments all along, that everyone can post whatever they want and you are just allowed to sit back and watch explosion after explosion take place with no consequence to you. You have been told this time and again, yet you persist in living in a fantasy world, probably to compensate for your admittedly srewed-up childhood.
This society has rules. As adults we have agreed to live by the Rule of Law and the Social Compact. Your website is ruleless (if there is such a word) and that flies in the face of the laws that we as a society have agreed to live by.
Ginger, this would be a very good time for you to shut your hole. Your lawyer is going to tell you this if you get that far. If you don't hire a lawyer, then Sue will get a Judgment by default and you will be very sorry you did not take the sound advice people have tried to give you for months.
Think it over Ginger!
Anonymous:
Yes, Anon1 is 99.9% correct. He did, however, leave out one thing. Even if Ginger were to comply with the TRO or TPO issued by the Florida Court, it doesn't make Sue's lawsuit go away. A lot of lay-people might misunderstand this point.
When a suit like this one is filed, and the circumstances are emergent, as seems to be the case in this situation, a Motion is filed together with a Verified Complaint, Brief, Proofs and a Proposed Order which covers just the initial application for a TRO or TPO. So, even though you are dealing with one cause of action, there are two separate types of relief being sought. First is interim relief and second is permanent relief together with a money judgment.
Ms. Warbis should consider herself lucky in one respect. If this case had been filed in Escambia County, instead of Broward, I'd rate her chances of winning at about 1%. This is "trouble a brewin" as Floridians like to say.
Antigen:
What, exactly, is the difference between this forum and Usenet?
Tough Love: Abuse of a type particularly enjoyable to the abuser, in that it combines the pleasures of sadism with those of self-righteousness. Commonly employed and widely admired in 12-step groups.
--Chaz Bufe
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Antigen:
And I'll tell you right now, David Pollack said to me on the phone yesterday that this is going to be just a whole lot of litigation, very expensive to me, and that I should just fold. Not in exactly those words, but you get the point.
How is that different from my returning the favor? And what are the sanctions for malicious lawsuits?
It is the absolute right of the state to supervise the formation of public opinion.
--Joseph Goebbels
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Antigen:
--- Quote ---On 2004-01-01 04:32:00, Anonymous wrote:
In the first place, I have a copy of the suit.
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Ok, who the hell are you and how to you come to have a copy of the suit?
The legislature is to society as a physician is to the patient. If a physician ignored side effects of medications like today's legislators ignore the side effects of their legislation, the physician would be accused of malpractice. I accuse today's legislators (with rare exception) of legislative malpractice. Many of the ills that are so obvious in our society are a direct result of previous legislation. Their solution? More laws!
-- John A. Bennett, DO
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